TRIUMPH FOR DEVELOPING COUNTRIES in 'PATENTS v/s PATIENTS'

[Guest guest]

TRIUMPH FOR DEVELOPING COUNTRIES in 'PATENTS v/s PATIENTS'

Peoples Health Organisation (India), the poineering NGO responsible for bringing

India on the AIDS control map of world and championing the cause of increasing

Access to Care for people with HIV/AIDS in developing countries, welcomes the

withdrawal of suit by 39 multinational patent drug manufacturers against the

government of South Africa. This is a triumph not only for South Africa, but for

all the developing countries; which have upto 95% load of HIV infections in the

world.

It's a major achievement for India in general and Indian Generic drug

manufacturer Cipla Ltd. in particular, as it was Cipla's offer to provide a

combination of three-drug anti-HIV medicines at 350 US$ per year, at almost 4%

of the global cost, that rocked the boat of multinationals. Though the Indian

initiative has not been acknowledged in the final outcome of the legal case

before the High Court of South Africa, nothing would have moved, had India and

Indian generic companies were not in picture. After Cipla's offer, the

Patent-owner pharma companies were left with only one option - 'step in today or

fade-out tomorrow' and thanks to the wiser counsel that prevailed over the grid

for making money out of human sufferings, the patent-owner companies could save

face to some extent. The multinational combine had fiercely challenged the

provisions of the Medicines and Related Substances Control Amendment Act of 1997

of South Africa; meant to operationalize key elements of the National Drug

Policy, including generic substitution, greater competition in public drug

procurement, improved drug quality, and more rational use of medicines.

PHO believes, that the access to drugs could be further expanded if the

patent-owners and copy-makers provide medicines at sustainable low prices; the

access to HIV information, counseling and testing is incresed through prevention

and care efforts and if the governments accord 'life-saver' status to anti-HIV

drugs, waiving the levies such as customs duty, excise duty, sales tax and

octroi.

This is the most opportune time for the developing country governments to issue

compulsory licenses for HIV/AIDS drugs to generic manufacturers; which is legal

even under World Trade Organization (WTO) agreements and the Agreement of Trade

Related Aspects of Intellectual Property Rights (TRIPS). Prices will then fall

dramatically and steadily to enable people with HIV/AIDS to gain greater access

to the medicines they need to derive quality life and increase survival. India

is major gainer in this fight, as Indian Pharma business is next only to

Information Technology business. The other countries leading in Generic

manufacture are Brazil and Thailand.

PHO appreciates the stand of South African government for withstanding massive

pressure from the Clinton-Gore administration, the European Union and the drug

companies for several years.

Dr.I.S.Gilada, Secretary General, PHO

Peoples Health Organisation (India) {Formerly IHO}

Municipal School Building, J.J. Hospital Compd, Mumbai-400008

Tel.3719020; Fax: 3864433; E-mail: ihoaids@...

[Guest guest]

Dear Forum members,

This is no doubt a laudable development. But, is this cheaper cocktail of

Cipla available in the Indian market ?

Dr.A.K.Agarwal

E-mail: drakagarwal@...